Tape measure that incorporates a marking device

ABSTRACT

A tape measure that incorporates a marking device for allowing an individual to measure and mark a wide variety of materials in a more efficient and economical manner, and for measuring and marking the beginning point of reference and the measured position point simultaneously. The tape measure has a housing, a coiled measuring tape, a tape tip, and a marker having a marking wheel mounted on an axle.

PRIORITY

This application is a continuation in part of Ser. No. 10/195,924, nowU.S. Pat. No. 6,698,104 Ser. No. 10/195,945 now U.S. Pat. No. 6,701,635and Ser. No. 10/197,050, now U.S. Pat. No. 6,701,636, all filed on Jul.15, 2002 all of which claim priority from both the provisionalapplication entitled Tape Measure That Incorporates a Marking Devicefiled by Dane Scarborough on Dec. 18, 2001, with Ser. No. 60/342,146,and the provisional application entitled Tape Measure That Incorporatesa Marking Device filed by Dane Scarborough on Feb. 28, 2002 with Ser.No. 60/360,698.

BACKGROUND OF THE INVENTION

1. Field of the Invention

The present invention relates generally to measuring devices and morespecifically it relates to a tape measure that incorporates a markingdevice for allowing an individual to measure and mark a wide variety ofmaterials in a more efficient and economical manner.

2. Description of the Prior Art

Various different forms and types of measuring devices are known to theprior art. One particular type of measuring device is known as a “tapemeasure.” Tape measures typically comprise a flexible tape resilientlycoiled within a housing. The tape is normally printed with incrementalmeasuring marks for measuring distances. In use, the flexible tape isuncoiled and extended from the housing and placed on a surface to bemeasured. Distances can then be marked with a separate marking tool,such as a pencil, directly onto the surface measured.

Numerous devices incorporating marking tools inside and outside the tapemeasure housing are known in the prior art. These include devices thatare affixed to existing tape measure housings, for instance, theself-adhesive scoring attachment of U.S. Pat. No. 6,041,513 (Doak).These devices also include marking tools which are affixed to belt clipsof existing tape measure housings. For example, U.S. Pat. No. 4,760,648(Doak et al.) discloses a marking device adapted to be mounted on oneside of the tape measure, namely as a replacement belt clip.

These devices also include housings configured for receipt therethroughof marking means, such as pencils or pens. For example, U.S. Pat. No.5,735,052 (Lin) discloses a tape measure having formed therein a passagefor receiving therethrough the marking means.

These devices also include marking tools which are integral with thetape measure housing. For instance, U.S. Pat. No. 5,435,074 (Holevas etal.) discloses a tape measure having a marker attached to the tapemeasure's lock so that depression of the lock mechanism also extends themarker out of the housing of the tape measure. Also, U.S. Pat. No.4,015,337 (Taylor) discloses a marking device integrally formed into thehousing of the tape measure.

These devices can also include scoring means rather than marking (ink,graphite, etc.) means. For instance, U.S. Pat. No. 2,649,787(Kobayashi), U.S. Pat. No. 3,063,157 (Keene), and U.S. Pat. No.3,526,964 (Clark, Jr.).

The main problems with these conventional measuring devices aremaintenance, inaccuracy, and lack of versatility.

Prior art marking means include the use of pencils, pens, scribes,chalk, and/or crayons. These methods of marking require continuedmaintenance in the form of refilling, sharpening, and/or adjusting theheight or position of the marking instrument. Every time these markingmeans are subject to routine maintenance, inaccuracies become possible.

Another disadvantage is the fact that these methods for marking arelimited in the scope of materials they can mark. For example, it isdifficult to use a pencil, pen, or scribe to mark glass or ceramic tile.Conversely, it would not be preferable to use a felt marker or pen tomark material that will receive a clear or painted finish, the mark ofthe pen or marker may bleed through the finish.

Another problem with conventional measuring devices is the number ofprocedures required to complete the task of measuring and markingmaterials accurately. These prior art devices require that the tapemeasure blade be locked into position prior to the use of the markingdevice. For instance, the patent to Holevas et al. discussed above. Suchuse can require additional digital manipulation of the tape measure, anddue to the contact of the locking mechanism to the blade, can cause thetape measure blade to shift from the desired position, thereby causinginaccuracies.

Other problems with conventional measuring devices are their size andcomplexity. Many prior art devices have protrusions that inhibit oreliminate the ability to carry the tape measure in the standard pouch orholder that is often provided on a carpenter's or tradesmen's tool belt.Furthermore, if the tip of the marking instrument is exposed, it cancause damage or harm to other objects, or it can be damaged itself.

Prior art measuring tapes with retractable marking instruments require amechanical means to do so. This retraction means also requiresadditional moving parts. Additional moving parts increase cost, increasethe number of procedures for use, as well as increase the probability ofmalfunction.

What is needed is a tape measure or a marking device that is able to beutilized with a tape measure and which is readily able to allow anindividual to measure and mark a wide variety of materials in anefficient and economical manner; can be used for measuring and markingboth the beginning point of reference and the measured position pointsimultaneously; requires little to no maintenance; is not prone toinaccuracy; is versatile; can be used to mark a wide variety ofmaterials; is simple to use; is compact and not awkwardly shaped; and/oris not prone to damage when in or out of use.

In these respects, a tape measure that incorporates a marking deviceaccording to the present invention substantially departs from theconventional concepts and designs of the prior art, and in so doingprovides an apparatus primarily developed for the above needs.

SUMMARY OF THE INVENTION

In view of the foregoing disadvantages inherent in the known types ofmeasuring devices found in the prior art, the present invention providesa new tape measure that incorporates a marking device constructionwherein the same can be utilized for allowing an individual to measureand mark a wide variety of materials in a more efficient and economicalmanner. Another purpose of the present invention is for measuring andmarking the beginning point of reference and the measured position pointsimultaneously.

The general purpose of the present invention, which will be describedsubsequently in greater detail, is to provide a new tape measure thatimproves on the teachings of the prior art. In doing so, the presentinvention has many of the advantages of the measuring devices mentionedheretofore, and many novel features. The result is a new tape measurethat incorporates a marking device which is not anticipated, renderedobvious, suggested, or even implied by any of the prior art measuringdevices, either alone or in any combination thereof.

The preferred embodiment of the present invention generally comprises ahousing, a coiled measuring tape, a tape tip, and a marker for applyinga mark to a surface to be measured and marked.

In the preferred embodiment, the housing is preferably an elongatedsquare or cylindrical shape or a combination thereof, having opposedside walls, a top wall, a bottom wall, a rear wall, and a front walldefining an enclosure. The front wall having therethrough a tape bladeaperture. The bottom wall or a portion thereof may be angled in such away as to allow for engagement of the tape tip to the surface beingmeasured without initiating contact of the marking portion until it isintended.

The coiled measuring tape is an elongated blade formed of a ribbon ofmetal or composite material coiled on a means for a spool with a meansto retract. The tape tip of the measuring tape attaches to the end ofthe measuring tape and preferably comprises a means for hooking,including a hook portion that extends at an essentially right angle fromthe mounting portion of the tape tip. The tape tip may include a markmaking means that is separate and independent of the marking portion onthe housing. The marking portion on the housing preferably has acircular shaped wheel made of a rigid material such as metal, plastic,or a mark making composite. The wheel preferably has an aperture formating with an axle. This axle is preferably an elongated cylindricalshape.

The holder embodiment or marker enclosure is preferably an elongatedtubular square in shape. It has a means of attachment to the housing inone embodiment. In another embodiment, the marker enclosure is integralwith said housing. It preferably has a protruding cursor that is inalignment with a means for holding a marking wheel parallel to the faceof the housing and perpendicular to the tape. The means for locking thetape blade has a button section that protrudes to the exterior of thehousing.

There has thus been outlined, rather broadly, the more importantfeatures of the invention so that the detailed description thereof maybe better understood, and so that the present contribution to the artmay be better appreciated. There are additional features of theinvention that will be described hereinafter.

In this respect, before explaining at least one embodiment of theinvention in detail, it is to be understood that the invention is notlimited in its application to the details of construction and to thearrangements of the components set forth in the following description orillustrated in the drawings. The invention is capable of otherembodiments and of being practiced and carried out in various ways.Also, it is to be understood that the phraseology and terminologyemployed herein are for the purpose of the description and should not beregarded as limiting.

A primary object of the present invention is to provide a tape measurethat incorporates a marking device that will overcome the shortcomingsof the prior art devices, preferably either through an improved tapemeasure or an attachment for an existing tape measure.

An object of the present invention is to provide a tape measure thatincorporates a marking device for allowing an individual to measure andmark a wide variety of materials in a more efficient and economicalmanner.

Another purpose of the present invention is for measuring and markingthe beginning point of reference and the measured position pointsimultaneously.

Another object is to provide a tape measure that incorporates a markingdevice that is directional by nature when engaged with a surface to bemeasured.

Another object is to provide a tape measure that incorporates a markingdevice that can measure and mark two positions simultaneously.

Another object is to provide a tape measure that incorporates a markingdevice that does not require maintenance.

Another object is to provide a tape measure that incorporates a markingdevice that can measure and mark with one hand operating in a singleeconomical movement.

Another object is to provide a tape measure that incorporates a markingdevice that, once engaged with the material being measured, willaccurately hold its position while the mark is being made, without theuse of an optional mechanical locking device.

Another object is to provide a tape measure that incorporates a markingdevice that can fit into a common tape pouch or holder on a carpenter'stool belt.

Another object is to provide a tape measure that incorporates a markingdevice that can engage material to be measured and marked withoutdamaging the material to be marked.

Another object is to provide a tape measure that incorporates a markingdevice that, in one embodiment, has no moving parts.

Another object is to provide a tape measure that incorporates a markingdevice that is interchangeable and/or replaceable with an optionalmarking portion.

Another object is to provide a tape measure that incorporates a markingdevice that can cut a variety of materials.

Another purpose is for measuring and marking the beginning point ofreference and the measured position point simultaneously.

To the accomplishment of the above and related objects, embodiments ofthis invention may be embodied in the form illustrated in theaccompanying drawings, attention being called to the fact. However, thedrawings are illustrative only and changes may be made in the specificconstruction illustrated. Embodiments of the present inventionaccomplish one or more of the above purposes.

Further, the purpose of the foregoing abstract is to enable the UnitedStates Patent and Trademark Office and the public generally, andespecially the scientists, engineers, and practitioners in the art whoare not familiar with patent or legal terms or phraseology, to determinequickly from a cursory inspection the nature and essence of thetechnical disclosure of the application. The abstract is neitherintended to define the invention of the application, which is measure bythe claims, nor is it intended to be limiting as to the scope of theinvention in any way.

Still other objects and advantages of the present invention will becomereadily apparent to those skilled in this art from the followingdetailed description wherein I have shown and described only thepreferred embodiment of the invention, simply by way of illustration ofthe best mode contemplated by carrying out my invention. As will berealized, the invention is capable of modification in various obviousrespects all without departing from the invention. Accordingly, thedrawings and description of the preferred embodiment are to be regardedas illustrative in nature, and not as restrictive.

BRIEF DESCRIPTION OF THE DRAWINGS

Various other objects, features, and advantages of the present inventionwill become fully appreciated as the same becomes better understood whenconsidered in conjunction with the accompanying drawings, in which likereference characters designate the same or similar parts throughout theseveral views.

FIG. 1 is a perspective view of one embodiment of the present invention.

FIG. 2 is a front view of the embodiment shown in FIG. 1.

FIG. 3 is a side view of the embodiment shown in FIG. 1.

FIG. 4 is a bottom view of the embodiment shown in FIG. 1.

FIG. 5 is an environmental perspective view of the embodiment shown inFIG. 1.

FIG. 6 is a front view of a second embodiment of the present invention.

FIG. 7 is a side view of the embodiment shown in FIG. 6.

FIG. 8 is a partial side, close-up view of the marking/cutting device ofthe embodiment shown in FIG. 6.

FIG. 9 is a partial, close-up front view of the embodiment shown in FIG.6.

FIG. 10 is a side environmental view of the embodiment shown in FIG. 6engaging material to be marked.

FIG. 11 is a front view of a third embodiment of the present inventionin position to measure.

FIG. 12 is a front view of the embodiment shown in FIG. 11 in positionto mark.

FIG. 13 is a front view of the embodiment shown in FIG. 11 showing theangled bottom of the housing in relationship to the tape tip and themarking portion.

FIG. 14 is a side view of the embodiment shown in FIG. 11 showing theangled bottom of the housing in relationship to the tape tip and themarking portion.

FIG. 15 is a front view of a fourth embodiment of the present invention.

FIG. 16 is a side view of the embodiment shown in FIG. 15.

FIG. 17 is a front view of a fifth embodiment of the present inventionshowing a dual marking portion with a flexible housing bottom.

FIG. 18 is a side view of the embodiment shown in FIG. 17 showing a dualmarking portion with a flexible housing bottom.

FIG. 19 is a side view of a sixth embodiment of the present inventionengaged with a surface to be measured and marked.

FIG. 20 is an overhead view of the embodiment shown in FIG. 19 engagedwith a surface to be measured and marked.

FIG. 21 is a front, close-up view of a tape tip containing a markingportion of one embodiment of the present invention.

FIG. 22 is a side, close-up view of a tape tip containing a markingportion of one embodiment of the present invention.

FIG. 23 is an overhead view of a tape tip of some embodiment of thepresent invention.

FIG. 24 is a side view of one embodiment of the housing with means forattachment.

FIG. 25 is a perspective view of one embodiment of the means for holdingand the marking portion.

FIG. 26 is a perspective view of the means for holding and the markingportion shown in FIG. 25.

FIG. 27 is a front view of the means for holding and the marking portionshown in FIG. 25.

FIG. 28 is a top view of the means for holding and the marking portionshown in FIG. 25.

FIG. 29 is a bottom view of the means for holding and the markingportion shown in FIG. 25.

FIG. 30 is a side view of the means for holding and the marking portionshown in FIG. 25.

FIG. 31 is a perspective view of one embodiment of the marking portion.

FIG. 32 is a side view of the marking portion shown in FIG. 31.

FIG. 33 is a front view of the marking portion shown in FIG. 31.

FIG. 34 is a side view of a seventh embodiment of the present invention

FIG. 35 is a partial, cross-sectional view of the marking portion ofFIG. 34.

FIG. 36 is a partial, cross-sectional view of another embodiment of amarking portion.

FIG. 37 is a front view of another embodiment of the present inventionshown in position to mark.

FIG. 38 is a perspective view of a tape measure bearing yet anotherembodiment of a means of marking of the present invention.

FIG. 39 is a partial, first end view of the tape measure of FIG. 39.

FIG. 40 is a partial, side view of the tape measure means of marking ofFIG. 38.

FIG. 41 is a perspective view of another embodiment of the presentinvention.

FIG. 42 is a first side view of another directional marker of thepresent invention.

FIG. 43 is a first side view of yet another directional marker of thepresent invention.

DESCRIPTION OF THE PREFERRED EMBODIMENT

While the invention is susceptible of various modifications andalternative constructions, certain illustrated embodiments thereof havebeen shown in the drawings and will be described below in detail. Itshould be understood, however, that there is no intention to limit theinvention to the specific forms or embodiments disclosed, but, on thecontrary, the invention is to cover all modifications, alternativeconstructions, and equivalents falling within the spirit and scope ofthe invention as defined in the claims.

Turning now descriptively to the drawings in which similar referencecharacters denote similar elements throughout the several views, theattached figures illustrate embodiments of the present invention. In oneembodiment, the present invention is a tape measure that incorporates amarking device. In another embodiment, the present invention comprises amarking device able to be attached to a tape measure.

Referring initially to FIGS. 1-5, shown is one embodiment of the presentinvention 10. This embodiment comprises a tape measure 2 incorporating amarking portion or “marking device” 80. This improved tape measurecomprising a housing 20, a coiled measuring tape 40 having measuringindicia thereon, a tape tip 60, a marking device or marking portion 80,an axle 100, an “enclosure” or holder 120, and a means for locking thetape blade 140. The present invention is configured to be used upon asurface to be measured and marked 160.

The housing 20 is preferably an elongated square, a cylindrical shape ora combination thereof, as shown in the figures. Many different shapesand styles of tape measure housings are known to the prior art and maybe configured for use with the present invention. The preferred housing20 having opposed side walls 22, 24, a top wall 26, a bottom wall orbase 28, a rear wall 30, and a front wall 32. These walls defining anenclosure for holding a wound tape blade. The front wall 32 having atape blade aperture 34 therethrough for allowing a measuring tape bladeto be extended.

In the preferred embodiment, the coiled measuring tape 40 is anelongated blade formed of a ribbon of metal or composite material coiledon a spooling means, such as a spool, with a retraction means, such as aspring mechanism. Such types of coiled blade with spring tape measuresare common in the prior art. The tape tip 60 or means for hooking isable to hook onto the edge of the surface to be marked, such as the edgeof a board. This tape tip preferably including a hook portion 62 thatextends at an essentially right angle from the mounting portion 66 ofthe tape tip 60. The use of the phrase “coiled measuring tape” isexpressly intended to include all other means for measuring, includinglaser, proximity sensors, sonar, etc.

The holder or enclosure 120 of the marking portion 80 is preferablygenerally elongated square in shape or a combination thereof or anyother shape that would effectively house a marking device. In someembodiments, the holder 120 comprises a means of attachment to thehousing, whereas, in other embodiments the holder 120 may be integrallyformed within the housing 20 of the tape measure. In the embodimentshown in FIG. 1, the marking device 80 attaches to the housing 20 at thefront wall 32. In such a configuration, the rim 88 of the impressionwheel 84 extends from the housing 20 in position to contact the surfaceto be marked adjacent the portion of the tape extending out of thehousing, thereby allowing a user to mark the surface corresponding to adesired indicia marking on the tape of the tape measure.

In use, particularly as shown in FIG. 5, the tape tip 60 is hooked onthe edge 162 of the surface to be measured 160. The housing 20 thenmoved away from the edge 162 thereby extending the tape 40. Side-to-sidemovement of the housing at the desired mark location results in themarking portion 80 making a mark on the surface to be measured andmarked 162 which is generally perpendicular to the axis of the length ofthe tape 40, this mark correlating to a particular measurement positionon the tape.

As shown in FIGS. 25-30, the holder 120 may also have a protrudingcursor 124 that is in alignment with the marking wheel or “impressionwheel” 84 of the marking portion 80. Thus, the cursor 124 gives the userof the present invention an indication of where the marking wheel 84 ofthe marking portion 80 is aligned, thereby indicating the alignment ofthe mark to be made by the marking portion.

Referring back to FIGS. 1-5, the present invention 10 preferably alsocomprises a means for locking 140 the tape blade 40 in position. Thismeans for locking 140 has a button section 144 that protrudes to theexterior of the housing 20. Means for locking tape blades of tapemeasures, in general, are known in the prior art. The means for locking140 is completely optional, in that the present invention, unlike manyof the prior art devices, will work absent such a means for locking.This is due to the fact that the marking portion 80 is directional, ableto create generally a straight-line mark generally perpendicular to theextension of the measuring means. Thus, once the marking portion isplaced against the surface to be marked at the location of the mark tobe made, the tape itself does not need to be locked into place, butcould even be retracted. The present invention is superior over theprior art in that the marking process is as easy as extending thehousing to the point to be marked, and marking the surface to be marked.No additional steps are required, for instance, the lock does not needto be engaged or the marking portion engaged. Each additional steprequired can result in errors or variances in location of the markingportion from the point intended to be marked. The present invention, ineliminating these additional steps, thereby results in a more accuratemeasurement.

It is preferred that the housing of the present invention be made of arigid material such as metal, plastic, rubber, composite or acombination thereof. It is preferred that the tape blade of the presentinvention be made of a resilient material, such as metal, plastic or acomposite. It is preferred that the marking wheel be made of a materialable to itself leave or create a mark upon or into the surface to bemarked. For instance, the wheel could be made of a hard metal, such assteel. The marking wheel could likewise be made of different materialsfor the different purposes discussed within this application, including,but not limited to metal, composites, rubber, plastic, naturalmaterials, foam, etc. Likewise, the shape of the marking wheel can be asnecessary, including but not limited to: rounded, flat, angled,sharpened, solid, porous, etc.

Referring now to FIG. 5, the tape tip of the present inventionpreferably includes a means for hooking the tape tip on the edge 162 ofa surface to be measured 160. This means for hooking having a hookportion 62 that extends at an essentially right angle from the mountingportion 66 of the tape tip 60. Such tape tips are standard for tapemeasures in the prior art.

Referring now to FIGS. 22-23, the tape tip 60 comprises a means forhooking including a hooking portion 62 that extends at an essentiallyright angle from the mounting portion 66 of the tape tip 60. Preferably,the tape tip 60 extends below the bottom 28 of the housing, as shown inFIG. 17 to allow the hooking part 62 to easily engage the edge 162 ofthe surface to be measured and marked 160. As seen in FIG. 15, the tapetip 60 may be of an asymmetrical shape to allow for increased engagementof the tape tip 60 to the surface to be measured and marked 160.

Optionally, the tape tip 60 may include a mark making means 180, forinstance as shown in FIGS. 15-16,22-23. In FIGS. 15 and 16, the markingportion 80 may be a serrated edge or the edge of the tape tip 60 itselfmay be embedded with a mark making means such as diamond particles or ameans for leaving a mark. Whereas in FIGS. 21-23, the tape tip 60 itselfmay include a mark making means 180.

In FIGS. 21-23, the marking portion 180 preferably comprises a circularshaped wheel 184 or portion thereof. It is preferred that the markingportion 180 be made of a rigid material such as metal, plastic or a markmaking composite. One example material is magnesium. While the markingportion 180 does leave a mark on the surface to be marked, it isimportant that the marking portion 180 not be easily consumed or worn,for instance as a graphite pencil would be. Thus, it is preferred thatthe marking portion leave a mark, score, or cut the surface rather thanitself being readily consumed through its contact with the surface.Example metals which leave a mark without being consumed include, butare not limited to: magnesium, magnesium alloys, etc.

The wheel 184 preferably has an aperture 182 for mating with an axle.The axle 100 is preferably an elongated cylindrical shape. Likewise,this tape tip 60 has a hooking portion 62 and a mounting portion 66.This marking portion 180 able to be configured for applying a mark asany other marking portion 80, 180 disclosed herein. The preferredembodiment of a wheel 184 utilized with the present invention can befound in FIGS. 31-33. The wheel 84 of the present invention may belikewise shaped.

Referring now to FIGS. 6-7, shown is another embodiment of the presentinvention. This embodiment having a housing 20, a tape blade aperture34, and a tape terminating in a tape tip 60. This embodiment having amarking portion holder 120, which is integral with the housing 20. Thisis in contrast to a holder which is attached to the housing, as shown inFIG. 1. These figures show that the holder may either be formed withinthe housing of a tape measure, or configured for attachment to anexisting tape measure. This integral holder 120 rendition is likewiseshown in FIGS. 15 and 16.

Referring now to FIGS. 8 and 9, the preferred marking portion 80comprises a circular wheel 84. Other shapes and configurations are alsopossible. It is preferred that the marking portion 80 be made of a rigidmaterial such as metal, plastic or of a mark making composite, howeverother materials are also possible. The preferred wheel 84 having anaperture 82 for mating with an axle 100. This axle 100 having axleprotrusions or ends 102 configured for rotational engagement with theholder 120. The wheel 84 being preferably mounted at or near the centeror middle 104 of said axle 100. Rotational engagement upon an axle ispreferred but not required of the present invention.

As seen in FIGS. 8-9 and 31-33, the marking portion 80 may be hardenedand/or ground at an angle 86, similar to a glass cutting wheel. Thisangle 86 may be configured to provide a narrow, accurate mark or may beconfigured and sharpened to actually serve as a cutting wheel. Thus,“marking” is intended to include marking by cutting, scribing and/orscoring. Also, the impression wheel 84 preferably has a rim 88 forcontacting the surface to be marked, at least a portion of this rimextending out of the enclosure/holder 120.

The axle 100 is preferably an elongated cylindrical shape, as shown inFIGS. 8-9. This axle 100 being preferably made of a rigid material suchas metal or plastic. The marking portion 80 of FIG. 8, having an axle100, a middle 104, and two ends 102. The axle 100 may be integral to themarking portion 80 or the holder 120 or the housing 20.

The holder 120 is preferably an elongated square or a right rectangularparallelepiped shape. The holder 120 having a means of attachment to thehousing in one embodiment. Examples of such attachment includeadhesives, snap fits, magnets, hook-and-loop fasteners, dove-tailjoints, etc. In other embodiments, the holder 120 is integral with thehousing, being formed into the housing during or after manufacture. Thehousing preferably has a protruding cursor 124 that is in alignment witha means for holding a marking wheel parallel to the face of the housingand at a precise position to the bottom of the housing.

As shown in FIGS. 25-30, the holder 120 is preferably an elongatedsquare (right rectangular parallelepiped) in shape. Other shapes arealso possible. The holder 120 preferably has a cavity 126 for nesting ofthe marking portion 80. The holder 120 preferably has a means ofattachment 122 to the housing 20, one example of which is shown in FIG.24. The housing 120 preferably has a protruding cursor 124 that is inalignment with a marking wheel of the marking portion 80. This cursorbeing generally parallel to the face of the housing 20 and generallyperpendicular to the means for measuring 40.

As shown in FIGS. 17 and 18, any means for holding the marking portion80 perpendicular to the means for measuring 40 in such a way as to allowengagement of the marking portion 80 with the surface to be measured andmarked 160 may be utilized as can be appreciated.

As shown in other embodiments, such as FIGS. 11-14, the bottom wall 28or a portion thereof (partially sloped base) 29 may be angled in such away as to allow for engagement of the tape tip 60 to the surface beingmeasured 160 without initiating contact of the marking portion 80 untilit is intended. Although one angle is shown, many angles, combinationsof angles, cutaways, or geometric reveals or shapes could achieve thedesired results as can be appreciated. The preferred angle is between 7°and 9°. As shown, it is preferred that this angular relationship of thewall 28 to the partially sloped base 29 be configured along the baselength of the housing. However, any base shape that allows for theengagement of the tape tip 162 to the end 62 without engaging the markmaking means 80 will work and are also envisioned.

In such a configuration, the marking tape measure comprises a housing 20for containing a tape and a marking device 80. This housing 20 having atape opening or aperture 34 and a top wall or side 26 opposite a bottomwall or side. The bottom side comprising a first longitudinal surface(bottom) 28 obliquely joining a second longitudinal surface (partiallysloped base) 29. The tape having measuring indicia thereon, and beingextendible through the tape opening in a first direction. The remainderof the tape being coiled within the housing. The marking device thusbeing connected to the housing in alignment with the second longitudinalsurface, configured to extend out of the housing adjacent the secondlongitudinal surface.

In such a manner, a user could hook the tape tip 60 on the edge or end162 of the surface to be marked and measured 160. With the housing 20tilted as shown in FIG. 12, the housing could be slid away from the end162 thereby extending the tape out of the housing without engaging themarking portion 80. When the desired extended length is reached, theuser could right the housing 20 as shown in FIG. 11, thereby allowingthe marking portion 80 to engage the surface to be measured and marked.

As shown in FIGS. 17 and 18, the housing 20 may have a ramp 36 isflexible when pressure is applied. This ramp 36 prevents the marking ofthe surface being measured and marked 160 until the user pressesdownwards on the housing 20 thereby flexing said ramp 36 and allowingthe marking portion 80 (80′) to contact the surface to be marked. It ispreferred that this ramp 36 be comprised of a resilient material able toreturn to its original shape after such pressure is removed.

Another variation of the housing may include the inclusion of at leastone roller or bearing located on the bottom wall of the housing tofacilitate perpendicular movement of the housing, to the means formeasuring, against the surface to be measured and marked.

The preferred coiled measuring tape utilized with the present inventionis an elongated blade formed of a ribbon of metal or composite material.This blade configured to be coiled on a means for a spool (spool means)with a means to retract (retraction means). This tape measureconfiguration (spool means with retraction means) is well known in theprior art. As shown in FIGS. 5, 19, 20, 22, and 23 of the drawings, thecoiled measuring tape 40 comprises an elongated blade 40 formed of aribbon of metal or composite material coiled on a means for a spool witha means for retraction. It is clearly anticipated that the coiled ribbonmeasuring tape 40 may be replaced by other means for measuring includingdigital, GPS, sonar, laser, magnetic, proximity or any other means fordetermining distance or position.

Referring now to FIGS. 15-16, 42-43, the marking portion 80 may not be awheel, but may be directional in shape. For instance the elongated pointof FIG. 16 or the semi-circular shape of the “wheel” 84 of FIG. 15; thesemi-ovular shaped “wheel” 184 of FIG. 42; and the semi-hexagonal shaped“wheel” 284 of FIG. 43. In such embodiments, the marking portion 80would not roll along a surface but be scratched, etched, or scribedacross the surface to be marked, either leaving a mark or creating agroove in the surface to be marked. In such an embodiment, the fact thatthe marking portion is directional in shape, particularly directionalgenerally perpendicular to the length of the base 28 of the housing, themarking portion is able to travel generally only perpendicularly acrossthe surface of the surface to be marked. A point, or a scribe, does nothave this ability. Neither does a rectangular pencil lead of acontractor's pencil because the lead (graphite) of the pencil isintended to wear (thereby applying a mark to the surface), therebyremoving the ability of such a pencil to be directional in shape. Thebase 28 itself could have formed therein a directional marking portion,for instance a semi-circular ridge.

The ability to make a mark upon the surface to be marked which isgenerally perpendicular to the distance measured is key to the preferredembodiment of this invention. This is preferably achieved through themarking portion being directional so that the marking portion will, inuse, only apply a mark to the surface which is generally perpendicularto the distance measured (for instance the length of the tape blade).However, other manners may also be utilized to achieve this goal,including manners of restricting the housing itself to perpendicularmovement while using a non-directional marking portion, for instance oneor more wheels located in the base of the measuring device.

As shown in FIG. 18, a particular embodiment may include two or moremarking portion 80, 80′. These marking portions 80, 80′ could beseparate, as shown, or could be joined together. These marking portion80, 80′ are preferably aligned with one another so that side to sidemovement of the housing 20 will result in a single line marked upon thesurface to be marked. Optionally, these marking portions could beslightly staggered so that a differing line style or thickness could beprovided.

Referring back to FIG. 1, it is preferred that the tape measuresincorporating the present invention be configured for inclusion with ameans for locking the tape blade 140. The means for locking the tapeblade 140 has a button section 144 that protrudes to the exterior of thehousing. This is likewise shown in FIG. 3. There are many alternatemeans for locking the tape blade 140, and considered by themselves, areconventional means known in the art and are therefore not shown indetail in the drawings. The means for locking the tape blade 140 ispreferably contained in the housing 20 with a button 144 that protrudesto the exterior of the housing 20. This means for locking the tape blade140 configured to engage and lock the tape blade 40. While the inclusionof the means for locking the tape blade is preferred, its use is notnecessary for the operation of the present invention.

The surface to be measured and marked 160 can be of any shape or sizematerial that would commonly be measured with said measuring device. Thesurface to be measured and marked 160 may also be a structure or acombination of materials. A typical surface to be measured and marked isa piece of dimensional lumber.

The housing 20 and all the housing sub-components integrally form anenclosure. The coiled measuring tape 40 is retractably contained insidethe housing enclosure 20 on a hub with the free end of the coiledmeasuring tape 40 extending through the housing aperture, attaching tothe tape tip 60. The tape tip 60 is integral with the free end of thecoiled measuring tape 40.

In the preferred embodiments, the marking portion 80 mates with themiddle 104 of the axle 100. As such, the axle 100 protrudes from bothsides of the marking portion 80. These axle protrusions 102 can bereceived integrally in the walls of the cavity of the holder 126. Thepreferred holder 120 includes a means for attachment 122 to the housing20, and is preferably interconnected with the housing 20. Likewise, theholder may be integral with said housing 20, as shown in FIG. 6.

It is preferred that the holder 120 have a protruding cursor 124 that isintegral. This cursor 124 indicating to the user the location of themarking portion 80 to the user. Referring now to FIGS. 5, 10 and 11, inuse the housing 20 may be brought into contact with the surface to bemeasured and marked 160. The tape tip 60 is allowed to engage the edge162 of the surface to be measured and marked 160, while the housing 20is pulled across the surface to be measured and marked 160 to thedesired location as verified by the cursor 124. The marking portion 80is then engaged by altering the angle of the housing 20, as shown inFIGS. 11 and 12, and applying downward pressure to the marking portion80. Due to the generally perpendicular attitude of the marking portion80 to the means for measuring 40, the desired position of the markingportion 80 is maintained. This is due to the nature of the markingportion 80 being directional and configured for moving directionally(side to side) and not forward or backward. This is likewise illustratedin FIGS. 5, 10, 12, 15-16, and 19-22.

Referring now to FIGS. 34 and 35, shown is an alternative embodiment ofthe present invention. In this embodiment, a chamber 50 is provided forcontaining an amount of a liquid, powder or gel (preferably a liquid)marking substance. This chamber or well 50 preferably provided with aclosure 54, such as a lid, for allowing additional quantities of themarking substance to be added to the well. The chamber 50 may be of anysize or configuration and may be located inside or outside the housing.It may also be integral with the housing or removable as in a cartridgeformat.

This marking substance being transmitted to the marking portion 80through a channel 52, preferably via a wick to an applicator 54 forapplying the marking substance, such as an ink, paint, chemical, etc.,to the wheel of the marking portion 80. It is preferred that in such anembodiment that a wick be employed to transfer the marking substancewith the end of the wick comprising the applicator. The rotation of themarking portion transfers the marking substance to the surface to bemarked.

Referring now to FIG. 36, in yet another embodiment of the presentinvention, a marking applicator could be provided for applying a markingsubstance, such as graphite, charcoal, wax, chalk, ink, paint, etc., tothe marking portion 80. For instance, a pencil lead (graphite) 92 couldbe held under tension against the surface of the marking portion 80,particularly the wheel 84, which contacts the surface to be marked 160.Thus, rotation of the wheel 84 of the marking portion against thesurface to be marked 160 also results in rotation of the wheel 84 of themarking portion against the indicia (marking) applicator 90. Thisresults in the transmission of the marking substance from the markingapplicator 90 onto the wheel 84 of the marking portion. Then, continuedmovement of the marking portion 80 against the surface to be marked 160results in the transfer of the marking substance to the surface to bemarked from the marking portion. Thus, for instance, utilization of thepresent invention could result in the creation of an ink line along thedirectional track of the marking portion.

Additionally, the marking portion utilized with the marking applicatorcould comprise or be comprised at least partially of, a rubber materialor a porous material allowing for easier application of such a markingsubstance. Such a rubber or porous material would more easily hold andcarry to the surface to be marked the marking substance, for instancechalk.

Additionally, the marking applicator could be selectively engaged ordisengaged by the operator through use of an engagement/disengagementmeans 70. This would allow the operator or user of the present inventionto decide whether to also or instead apply a marking substance to thesurface marked. For instance, a spring mechanism 72 could be utilizedwhereby through pushing a button 74 on the coiled measuring tape themarking applicator could be activated or deactivated.

As the wheel is rolled on the surface to be marked, ink another markingmaterial or substance is deposited on the wheel. The wheel, as it rolls,deposits the marking material on to the surface to be marked.

The housing 20, the holder 120, and the marking portion 80, may bemolded, cast or machined as one component, preferably from a rigidmaterial such as metal, plastic or a mark making composite, for instancemagnesium.

Referring now to FIG. 37, shown is another embodiment of the presentinvention. This embodiment having an asymmetrical tape tip 60. This tapetip 60 having one side 64 longer than the other side 68. In such amanner, utilization of the present invention is easier, in that thehousing 20 can be tilted as shown in the figure with the tape hook 60one side 64, being elongated, more easily engaging the end 162 of thesurface to be marked and measured 160, thereby allowing the device to beutilized without engaging the marking device 80.

Referring now to FIGS. 38-40, shown is another embodiment of the presentinvention. This embodiment comprising a tape case housing 20 havingintegrally built therein a directional marking portion 80. Thisdirectional marking portion 80 comprising a marking portion 284extending downwards there from configured for marking a surface to bemarked. The preferred location for such a marking portion 284 being thebottom wall or base 28 of the housing 20. Other locations are likewiseenvisioned.

The major benefits to such an embodiment including the fact that thereare no additional moving parts involved in the marking portion andtherefore less of a chance of failure or wear, and because the portioncan be a part of the case itself, there is little, if any, additionalmanufacturing cost in that no additional assembly, labor or mold chargesare required.

In the embodiment shown, this marking portion 284 comprises a curvedextension away from the bottom wall 28 of the tape case housing 20. Morespecifically, the embodiment showing a pair of forwardly extendingflanges 280, 281 extending from the front wall 32 with the markingportion 284 extending downwards from these flanges away from the bottomwall 28. The marking portion 284 in alignment with cursor(s) 224. Thus,in said embodiment, the marking portion 284 preferably extends eitherdownwards from the bottom wall or below the plane of at least a portionof the bottom wall 28. Additionally, the marking portion could be abovesaid plane, requiring the user to tilt the tape case in use.

The marking portion can comprise anything from a ridge, ledge, rim,knob, protrusion(s), lip, overhang, etc., extending from the housing 20.The preferred shape of the portion being generally crescent shaped, thiscrescent shape permitting directional movement of the marking portion.This crescent shape preferably generally convex and integral to the tapecase. However, other shapes are also envisioned.

It is preferred that the directional marking portion 80 be comprised ofa material which is configured for marking. Such a material can includeplastics, metals and ceramics. A preferred material is magnesium or amagnesium alloy. It is foreseen that the entire tape case, including themarking portion can be made of such a marking material (thereby beingcomprised of the same material as the tape case), or in otherembodiments, just the marking portion being made of the markingmaterial.

It is preferred that the housing 20 shown having a cursor(s) 224extending from and adjacent to the marking portion 284. This cursor(s)for allowing a user to visually determine the location at which thepresent invention will mark the surface to be marked.

While it is preferred that the marking portion be an integral part ofthe housing, optionally, the portion could be removable and replaceableso that when and if the portion becomes worn and/or consumed, the usercould recondition the tape measure by replacing the portion. Such anembodiment is shown in FIG. 41. Such a replaceable portion 284 beingfastened to the housing through use of a fastener(s) 291. Thisfastener(s) 291 preferably extending through a mounting hole(s) 292located in the marking portion 284. Likewise, other fasteners or meansof fastening may be used to attach the replaceable portion 284 to thehousing, including but not limited to fasteners, adhesives, welds,friction fits, snap fits, hook-and-loop, etc.

With respect to the above description then, it is to be realized thatthe optimum dimensional relationships for the parts of the invention, toinclude variations in size, materials, shape, form, function and mannerof operation, assembly and use, are deemed readily apparent and obviousto one skilled in the art, and all equivalent relationships to thoseillustrated in the drawings and described in the specification areintended to be encompassed by the present invention.

Therefore, the foregoing is considered as illustrative only of theprinciples of the invention. Further, since numerous modifications andchanges will readily occur to those skilled in the art, it is notdesired to limit the invention to the exact construction and operationshown and described, and accordingly, all suitable modifications andequivalents may be resorted to, falling within the scope of theinvention.

While there is shown and described the present preferred embodiment ofthe invention, it is to be distinctly understood that this invention isnot limited thereto but may be variously embodied to practice within thescope of the following claims. From the foregoing description, it willbe apparent that various changes may be made without departing from thespirit and scope of the invention as defined by the following claims.

1. A marking tape measure comprising: a housing for containing ameasuring tape therein, said housing comprising a top portion opposite abase portion and a front portion opposite a rear portion, said frontportion comprising a generally convex, integral, marking portionextending therefrom generally perpendicular to said base portion, saidmarking portion and said housing comprised of magnesium, said markingportion material configured for leaving a nonpermanent mark upon asurface to be marked, wherein said marking portion extends downwardsfrom a position forward of the junction between the base portion and thefront portion; and a measuring tape configured for extending from saidhousing front portion adjacent said marking portion, said measuring tapehaving measuring indicia thereon.
 2. The measuring tape measure of claim1, wherein said marking portion is aligned with a cursor, said cursorfor allowing a user to visually determine the location at which saidmark will be made upon said surface.
 3. A marking tape measurecomprising: a housing for containing a measuring tape therein, saidhousing comprising a top portion opposite a base portion and a frontportion opposite a rear portion, said front portion comprising anintegral marking portion extending therefrom generally perpendicular tosaid base portion, said marking portion and said housing comprised ofthe same material, said marking portion configured for leaving a markupon a surface to be marked, wherein said marking portion extendsdownwards from a position forward of the junction between the baseportion and the front portion, where said marking portion is alignedwith a cursor, said cursor for allowing said user to visually determinethe location at which said mark will be made upon said surface; and ameasuring tape configured for extending from said housing front portionadjacent said marking portion, said measuring tape having measuringindicia thereon.
 4. The marking tape measure of claim 3, wherein markingportion and said housing comprise magnesium.
 5. The measuring tapemeasure of claim 3, wherein said mark is nonpermanent.
 6. The measuringtape measure of claim 3, wherein said marking portion is generallyconvex.
 7. A marking tape measure comprising: a housing for containing ameasuring tape therein, said housing comprising a top portion opposite abase portion and a front portion opposite a rear portion, said frontportion comprising a generally convex, integral, marking portionextending therefrom generally perpendicular to said base portion, saidmarking portion and said housing comprised of the same material, saidmarking portion configured for leaving a mark upon a surface to bemarked; and a measuring tape configured for extending from said housingfront portion adjacent said marking portion, said measuring tape havingmeasuring indicia thereon.
 8. The marking tape measure of claim 7,wherein marking portion and said housing comprise magnesium.
 9. Themeasuring tape measure of claim 7, wherein said mark is nonpermanent.10. The measuring tape measure of claim 7, wherein said marking portionextends downwards from a position forward of the junction between thebase portion and the front portion.
 11. The measuring tape measure ofclaim 7, wherein said marking portion is aligned with a cursor, saidcursor for allowing a user to visually determine the location at whichsaid mark will be made upon said surface.